ATTENTION:

If you see this Terms and Conditions by installing or updating xTasyTrader please note the following:

PREAMBLE:

Terms and Conditions of xTasyTrader, Inc. (referred to as “xTasy”, “we”, “us”, or “our” herein) Web site (the “Site”).

xTasyTrader components (xTasyTrader platform or Add-Ons), or the Software of third parties are referred as “xT-Package”

As used in these terms, “subjects” includes, but is not limited to, software, images, text, audio and all other information, displayed, contained within, or accessible on the site.

By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. xTasyTrader may from time to time modify or revise the Terms by updating this web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

1.      GENERAL:

The following provisions regulate – in combination with the conditions contained in the order form – the contractual relationship between xTasyTrader and the user of the xT-Package, hereinafter referred to as the customer.

xTasy generally only enters into a contract on their own terms and conditions; deviating conditions of the contractual partner are only valid if xTasy expressly consents to these in written form.

These terms and conditions are available for inspection in their respective valid version and can be viewed on the internet under https://xtasytrader.com/terms-and-conditions/. With the conclusion of the contract according, the following terms and conditions are deemed as agreed between xTasy and the respective customer.

You are agreeing to be legally bound by the Terms. We may change the Terms from time to time without notice, so be sure to check this page regularly. Whenever you are installing the xT-Package by the first time or a new release with an higher version number of the xT-Package, you will be prompted to accept the terms and conditions, which might contain changes. Pressing the accept button in the xT-Package confirms that you have read and accepted the current content, including possible changes since your last confirmation.

2.      CONTRACT CONCLUSIONS

Only a natural person or legal entity as well as a company entered in the company register and without legal personality can be a customer of xTasy . xTasy is entitled to demand and collect all necessary information about the identity and creditworthiness as well as the legal and contractual capability of the customer as well as the proof of the existence of power of signature or of representation.

Furthermore, upon the request of xTasy, the customer must declare an inland mailing address as well as an inland paying agent.

The offers of xTasy are subject to change and non-binding. The order of the customer is binding for him with receipt by xTasy. If the xTasy accepts the offer, it sends an order confirmation. With receipt of the order confirmation by the client, the contract is concluded and the client is thus to be designated as contracting party.

Definition contractual partner in terms of support and liability issues:

Is the person who has purchased a license on the xT-Package via the xTasy/xYards e-shop or via a manually issued invoice.

3.      OWNERSHIP RIGHTS

This web site is owned and operated by xTasyTrader. (All subjects herein are protected under United States and international copyright laws and are the property of xTasyTrader or its third party licensors. All rights reserved. No subjects may be copied, reproduced, modified, displayed, republished, uploaded, posted, transmitted, sold or distributed in any way, except that you may download one copy of the subjects on any single computer for your personal, non-commercial use only, provided that you maintain in such copy all copyright and other proprietary rights notices contained in the original subjects. No right, title or interest in any downloaded subjects is transferred to you as a result of any such downloading or copying. You agree not to assist others in any unauthorized reproduction, modification, display or distribution of the Subjects. Unless expressly agreed to by xTasyTrader in writing, you may not create derivative works based on the site or subjects contained therein, in whole or in part. The use of any subjects on any other Website or networked computer environment is prohibited. 

4. IMAGES:

All logos, welcome screens, page headers, images and graphics displayed on this site are service marks, trademarks and/or trade dress (collectively “Marks”) of xTasyTrader or its third party licensors. Except as expressly permitted herein, the use, copying, transmission, display, modification or distribution of any Trademarks in any form or by any means without the express written permission of xTasyTrader is prohibited and may violate copyright, trademark, privacy or other laws of the United States and/or other countries.

5. DOWNLOADABLE SOFTWARE:

The use of any xTasy components (xTasyTrader platform or Add-Ons), or the Software of third parties, downloaded from the Site shall be subject to the terms and conditions of the license provided with the xTasyTrader platform. “The xT-Package” includes any files, images incorporated in or generated by the xT-Package, and data accompanying the xT-Package. You may not download any the xT-Package from this site until you have read, and agreed to the terms and conditions of the license provided with the xT-Package. Without limiting the generality of the terms contained in any such license, you agree that you will not: (a) modify the xT-Package (b) decompile, reverse engineer, or disassemble the xT-Package, (c) remove any copyright or other proprietary rights notices from the xT-Package; or (d) use the xT-Package for any commercial purpose, or any public display, performance, sale or rental, except as expressly permitted by xTasy in writing. xTasy retains all right, title and interest in and to the xT-Package, including all intellectual property rights therein. You download the xT-Package at your own risk and assume complete and exclusive responsibility for any and all losses, damages and liabilities that may result from the use of the XT-Package downloaded from the Site.

6. USER COMMENTS:

We welcome your comments, remarks, feedback, suggestions, ideas and other input that you send or share with us (collectively, “Comments”). You grant xTasy and its partners a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display (in whole or in part) your comments, your name and all associated copyrights, moral rights or other intellectual property rights.

7. USER FORUMS:

xTasy can provide access to certain discussion groups via this website as a service for you. Discussion groups may by their nature contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and you acknowledge and agree that xTasy accepts no responsibility for the content of discussion groups or the topics or articles contained therein that can be accessed on or via this site. You understand that xTasy acts as a passive channel for all information, data, text, software, music, sounds, photographs, graphics, videos, messages or other topics that you or another user of the Site uploads, posts to or through the Site (the “User Content”), and does not control or attempt to control them. xTasy can, but is not obliged to, monitor or check the User Content and reserves the right to delete the User Content at any time. You acknowledge and agree that you are solely responsible for all User Content that you upload, post or transmit to or through the Site, including but not limited to its legality, reliability, accuracy, integrity, appropriateness and originality.

In no case, xTasy assumes any liability in connection with the user content, whether it arises under the laws of copyright, defamation, privacy, obscenity or otherwise. You represent and warrant xTasy and guarantee that you will not upload, post or otherwise transmit any User Content on or via the Site which infringes, abuses or otherwise violates copyrights, trademark rights or other intellectual property rights, personal rights, publicity rights or other rights of legal or natural persons; or that is unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or the xTasy rules or policies. You grant xTasy and its partners a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform and publicly display the User Content (in whole or in part) uploaded, posted or transmitted by you on the Site and/or to integrate it into other works in any form, medium or technology known today or developed in the future.

You also grant each user of this Site the right to access, display, view and reproduce such User Content for personal use. You declare and guarantee to xTasy that you have the right to grant the above mentioned licenses. You acknowledge and agree that you may not upload, post, reproduce or distribute on or via this site any User Content that is protected by copyright or other proprietary rights of third parties without obtaining permission from the owner of such right. Any content protected by copyright or other proprietary rights that is distributed with the owner’s permission must include the appropriate copyright or other proprietary rights notice. Unauthorized submission or distribution of copyrighted or other proprietary content is illegal and may subject you to personal liability or criminal prosecution.

8. LINKS TO OTHER SITES:

This Site may contain links to other websites (“Linked Sites”) for your convenience. xTasy does not operate or control any information, products or services on the linked sites and does not endorse or approve any products, services or information offered on linked sites. You acknowledge and agree that your access to or use of one of the linked sites is at your own risk.

9. PRIVACY POLICY:

It is our policy to respect the privacy of people who visit the website or send us comments. Our privacy policy, which you can view on the page , is incorporated here by reference. By accepting these terms, you expressly consent to the use and disclosure of your personal information as described in the Privacy Policy.

10. INDEMNITY:

You agree to defend, indemnify and hold harmless xTasy, its affiliated companies and their officers, directors, agents and employees from and against all claims, losses, damages, liabilities, costs and expenses, including legal fees, arising out of or in connection with your (a) User Content, (b) use of the website or (c) breach of any of these terms.

11. DELIVERY OF THE XT-PACKAGE

xTasy provides the xTasyTrader platform and the corresponding documentation for download on https://xtasytrader.com. A functionally limited basic version of xTasyTrader is available free of charge for every user. Extensions can be managed in the Software as a Service procedure via monthly fee-based subscriptions via the xTasy/xYards e-shop.

After receipt of payment, the customer will receive appropriate access codes, possibly passwords and activation keys to activate the AgenaTrader software according to the ordered functionality. Activated xT-package and subscriptions accepted by the e-shop are usually available in the xT-package after restarting xTasyTrader. In case of uncertainties please contact the xTasy support. xTasy can decide on the scope of the free function set of the xT-Package at any time and does not have to inform the user about changes in the free function set.

12. NON DISCLOSURE OF ACCESS CREDENTIALS

The customer is responsible for protecting the user IDs, passwords and activation keys provided to him. In particular, the Customer is not entitled to grant third parties access to xT-Package by passing on personal user ID, password or license key. Customer agrees to keep its data secure and to take the necessary precautions to prevent it from falling into the hands of third parties. In the event of loss of user ID and/or password or suspected knowledge of third parties, xTasy must be notified immediately. This can be done by email, fax or letter at the client’s choice.

The client is liable without limitation for damages resulting from the passing on or publication of user ID/password to third parties.

13. QUALITY AGREEMENT

The xT-Package is software that provides a general, open framework for using different approaches to securities analysis. With the software it is possible to combine and evaluate various analysis techniques in a standardized form. The xT-package can also be used to determine trend signals in tradable assets and related buy and sell signals. The xTasy does not guarantee the correctness of the signals. Likewise, the xTasy assumes no liability for the accuracy of the strategy, signal, stop and target components, which are offered via https://xtasyTrader.com which are provided by the xTasy or its 3rd party tool provider via the web store.

Insofar as the customer uses the securities analysis created with the help of the software or the aforementioned components in the decision or advice on the purchase or sale of a tradable asset, he does so at his own responsibility. The results of the xT-Package in no way replace the customer’s own responsible decision on the purchase or sale of tradable assets.

In some of xT-Package built-in features and tools such as Web-Site Links to fundamental data (e.g. Google, Yahoo, etc), Fundamental-Screener, Futures Calendar, Economic Calendar, COT Report, etc. (incomplete excerpt from feature list) xTasy uses external data sources from the freely available Internet.

In case of external data sources, it is possible that the data format or interface changes or the interface or the whole service is completely shut down by the respective operator, which is not in the control of xTasy.

These features/tools offer an added value, but the user has no right to claim that in case of a massive change or a complete shutdown of the data source, the respective service in xT-Package will be maintained.

In case of a change of the interface xTasy tries to adapt the software – if possible – as fast as possible to the changed conditions and to provide the users with a new release. However, if the data reference sources are no longer accessible from the trading platform, it may result in the affected feature/tool having limited availability or being removed from the platform altogether.

TraderPackages/AddOns from 3rd party providers:

If the xT-Package component comes from the IT forge of xTasy, the conditions mentioned in xx) apply. However, if the intellectual property of the components does not lie with the IT department of xTasy, the respective publisher of the software bears full responsibility for the functionality of the package/add-on.

In case of problems with components from these manufacturers, the user may be forwarded to the respective partner.

For clarification: The xTasy/xYards-Store is in such a case exclusively the distribution channel and is to be seen as e.g. the Amazon-Store, Google-Play, etc. where products are offered, but are the responsibility of the manufacturer (in terms of function, liability and support). Due to the ignorance of the function and the source code, xTasy is not able to analyze these products and pass on information about them.

The contractual partner for these products is not xTasy but the partner who has this product distributed through the xTasy/xYards-Store.

For the use of packages/addons not appearing in this list, xTasy can understandably assume no responsibility due to the impossibility of quality controls and the full responsibility for the correctness and functionality of these third-party components is transferred to the user.

14. USE OF FUNCTION SPECIFIC INFORMATION

You agree that xTasy or its directly affiliated companies may store information about your use of the service and use it for the purposes of an internal function tracking analysis. No personal or trading related data are used, but only function specific data, which serve the weighting in relation to the frequency of these functions, in order to be able to provide derivations for the importance of maintenance efforts and further developments.

15.  TERMS OF USE FOR TEMPORARY PURCHASED XT-PACKAGE   

a) xTasy (licensor) grants the client (licensee) a non-exclusive, non-transferable right of use of the software and documentation during the term of this contract.

b) The authentication of the right of use is controlled by a licensing component, which is located in the system environment of xTasy. It must be possible for the licensee to establish a connection to this server. If xT-Package is not able to reach the server for a period of 2 weeks, starting from the first failed attempt, the licenser assumes that a deliberate blocking of the license check has occurred and deactivates the software to the functionality of the free version. However, the licensee has the possibility to remedy this circumstance or with xTasy and then the software is unlocked again.

c) The client is entitled to make copies of the provided software exclusively for backup purposes. xTasy acquires all rights to these copies, unless they were transferred to the client. The client is entitled to use the software within the scope of the intended use on his data processing system.

d) An xT-Package license entitles the client to use the software on one workstation simultaneously. Simultaneous operation of this software on multiple workstations is not permitted.

e) xTasy remains the owner of all rights to the software, even if the client changes the software or connects it with his own software or that of a third party.

f) Upon termination of the contract, the client is obliged to irretrievably delete or destroy all copies of the software available to him including the documentation.

16. WARRANTY DISCLAIMER:

THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. xTasy EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. xTasy DOES NOT WARRANT (a) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (d) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

17. WARRANTY, LIABILITY, EXCLUSION OF LIABILITY

a) The user acknowledges that the xTasyTrader platform is a free trading platform and that any form of liability is excluded. Defects and resulting liability can therefore – if at all – only be applied to components subject to a charge.

b) In the event of defects, the customer shall first have the right to demand subsequent performance. If the supplementary performance fails, the customer can reduce the remuneration or, in case of serious defects, withdraw from the contract. Serious defects are considered to be an inoperability of the software, e.g. if the software cannot be started anymore and this defect cannot be remedied by xTasy within a reasonable period of time. A refund of paid amounts is excluded outside the right of withdrawal clause §14.

c) For damages or losses caused by misconduct of xTasyTrader, or by the use of a free or purchased add-on of the xT-package, (incorrect order sizes, misrouted trades, incorrectly opened position, not deleted order, different order/position display between the broker and xT-package … to name a few), xTasy assumes – no – liability. The customer is obligated to permanently compare his positions, trades, orders, order executions with his broker, in order to be able to correct possible misbehaviour of the software on current positions or open orders. Fully automated trading via xT++ and the associated risk/order size calculations, entry, stop and target placements are also at the risk and peril of the user and are therefore outside the responsibility of the manufacturer and are hereby explicitly mentioned again. Manual direct interventions in the various broker platforms outside of the xT-package (e.g. order entry/manipulation, closing trades, etc) can cause unforeseen behavior in the xT-package. Especially – but not exclusively – when using the xT++ semi-automation, the xT-package may cause orders to be undetectable, or current strategies to lose stop orders or target orders, and positions to be unsecured in the market. In such cases, the xT-package is not able to correctly recognize order entries in the broker platform. The reference platform is – as already mentioned – exclusively the platform of the respective broker and the customer must therefore ensure at all times that the order/trade behavior in the broker platform of the broker to which the transactions are sent and received is monitored. xTasy has the right to reject support cases even in case of a paid support-package, if xTasy detects external order manipulations, and is exempt from any responsibility in such cases. The user also acknowledges that, especially by using xT++, current orders or positions are automatically matched when xT-Package is restarted and inconsistencies may occur due to transmission failures by the broker, which must be corrected manually. When using synthetic orders, the behavior depends on the particular data feed. If the data provider delivers so called false positives, and thereby trades are opened, closed or market orders are executed, it is the responsibility of the user, as the xT package cannot interpret such false positives as such.

d) Furthermore, the user of the xT-Package acknowledges that possible malfunctions of the software are to be reported exclusively to the xTasy support rail and may not be posted in public forums. Massive violations and sustained malicious behavior may result in a rescission or suspension of the license.

e) Should it come to the fact that orders set by the customer are not carried out on time due to errors in the technical processing, the customer is obligated to the following behavior: aa.) First of all, xTasy must be informed immediately upon knowledge or recognition of the faulty processing. Any instructions from xTasy, which serve the purpose of damage repair or damage reduction, must be followed by the client in any case. bb.) If the client is able to avert or minimize damage through his own actions from the time of knowledge and/or recognizability, he is obligated to take these actions on his own initiative. This includes, for example, the renewal of orders that have been deleted due to technical errors or the placement of new orders that avert or reduce damage. These obligations on the part of the customer are damage reduction obligations, the non-observance of which leads to the cxclusion of liability  of xTasy.

f) Furthermore the user of the xT-Package and/or the visitor of xTasyTrader.com acknowledges that damages in any form caused by one of our partners (broker-, data vendors, sales-, training partners,…) and just to mention some of them like wrong signals of the add-ons, damages due to lack of training transfer, damages occurred in the asset management of the partners, etc. …. , in no case xTasy can be made liable for it.

g) The use of cloud services for the placement of the user directory, such as GoogleDrive, SkyDrive, DropBox, OneDrive etc., can lead to synchronization problems which are not within the responsibility of the xT package. Installation problems or error behavior of the software are very often due to this circumstance and are therefore beyond any liability.

18. LIMITATION OF LIABILITY:

IN NO EVENT SHALL xTasy, ITS OFFICERS AND SUBSIDIARIES, LICENSORS, BOARD OF DIRECTORS, EMPLOYEES AND AGENTS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR

DELIVER THIS SITE OR THE xT-Package, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE SOFTWARE; UNAUTHORIZED ACCESS OR TAMPERING WITH YOUR DATA; ANY CHANGES THAT xTasy MAKES TO THE SERVICES OR THE SOFTWARE; OR ANY OTHER DAMAGES RELATED TO THE SERVICE OR THE SOFTWARE) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF xTasy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. xTasy’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19.  DISCLAIMER FOR INFORMATION PROVIDED BY 3RD PARTY MEDIA:

These are components and information events which were created by independent providers, who are not in the staff of xTasy. To the extent that such third party providers or their technologies provide opinions, recommendations or signals to buy or sell securities, you understand that these opinions, recommendations and signals are expressed by the third party provider and are not the opinions or recommendations of xTasy. The third party information or their technology and/or website and/or add-ons does not constitute a recommendation by xTasy to invest in securities or to pursue an investment strategy. The presence of these aforementioned technologies and our consent to a connection through our technology, website or trading platform does not constitute any representation, warranty or other guarantee by us regarding the present or future value or suitability of a sale, trade or other transaction involving a particular security or investment. The presence of such information, tools and services provided by the Third Party Provider and/or its technologies does not constitute an endorsement of the Third Party Provider and/or its technologies.

These are components and information events created by independent providers who are not part of the xTasy staff. To the extent such third party providers or their technologies provide opinions, recommendations or signals to buy or sell securities, you understand that such opinions, recommendations and signals are expressed by the third party provider and are not the opinions or recommendations of xTasy. The third party information or their technology and/or website and/or add-ons does not constitute a recommendation by xTasy to invest in securities or to pursue an investment strategy. The presence of these aforementioned technologies and our consent to a connection through our technology, website or trading platform does not constitute any representation, warranty or other guarantee by us regarding the present or future value or suitability of a sale, trade or other transaction involving a particular security or investment. The presence of such information, tools and services provided by the Third Party Provider and/or its technologies does not constitute an endorsement of the Third Party Provider and/or its technologies.  

20. JURISDICTION AND APPLICABLE LAWS:

This website is managed by xTasyTrader from its home offices in Chicago, Illinois, U.S.A. Unless otherwise noted, the topics are presented solely for the purpose of promoting xTasyTrader and its products within the United States, its territories, possessions and protectorates. xTasyTrader makes no representation or warranty that the XT package or the topics are appropriate or available for use in territories outside the United States. Access, download or use of this software and subjects in areas where this software or subjects are illegal is prohibited. You agree to comply with all laws, rules and regulations applicable to your downloading or use of the XT Package and Subjects available on or through this Site, including but not limited to all export control laws, rules and regulations of the United States. xTasyTrader does not authorize the transfer, by any means, of software, subjects or technical data from this site to any jurisdiction prohibited by the export laws of the United States. You may not use, export or re-export the XT package or items or any copy or adaptation thereof in violation of any applicable laws or regulations, including without limitation the export laws and regulations of the United States of America. If you access this Web Site from outside the United States, you do so on your own initiative and are solely responsible for any liability arising therefrom. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws principles.

21. TERMINATION:

You agree that xTasyTrader, in its sole discretion, may suspend or terminate its operation of the Site or your use of the Site (or any portions thereof), and may remove and discard any User Content, XT-Package or Subjects within the Site, for any reason. In the event you fail to comply with the Terms, your right to use the Site will automatically terminate. Upon any termination of the Site, or your use of the Site, you agree to immediately and completely destroy all copies of any XT-Package of Subjects downloaded form the Site. You agree that xTasyTrader shall not be liable to you or any third-party for any termination of the Site, your access to the Site or any removal of any User Content from the Site.

(a) rental licences: A rental license of any of the xT-Package payable components is valid as long as the user meets his monthly payments on time. If the Lease License is no longer required by the User, the Lease Licensee shall ensure that the license subscription is cancelled. If the subscription is cancelled or no payment is made by the User, the license will be suspended after the end of the respective payment period. If the Lease Licensee subsequently decides to purchase a purchased lifetime license, any rent already paid will be – not – credited to the purchase price.

b) 4Free xTasy base licenses: Basically, the customer (contractor) acquires the right to use a lifetime license also for life. However, xTasy reserves the right to shut down the license in case of a reputation-damaging behavior towards the software or xTasy. However, the contracting party has the right to shut down/deactivate the 4Free lifetime license, without the right to a refund of license fees/license costs. This releases the Contractor from all rights and obligations in connection with the license.

c) xTasy reserves the right to terminate the user relationship with the client prematurely and without notice for significant reasons within the sphere of the client, in this case the client has no claim for reimbursement for fees already paid.

Extraordinary reasons for termination are in particular the violation of obligations in accordance with point V by the client as well as other significant reasons within the sphere of xTasy or the client.

d) In case of any event, the xTasyTrader.com-Website is shut down and closed for ever, also the License and user agreement will be terminated automatically and the use of the xT-Packages will canceled.  

22. MISCELLANEOUS:

These Terms constitute the entire agreement between you and xTasyTrader and supersede and replace all prior agreements, whether written or oral, between you and xTasyTrader with respect to the subject matter herein. The failure of xTasyTrader to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms remain in full force and effect.

If any part of this Agreement is in conflict with applicable law, the Agreement as such and the remaining provisions shall remain in full force and effect.

You agree that regardless of any statute or regulation to the contrary, you must file a claim or cause of action arising out of or related to the use of the Site or otherwise arising out of or related to these Terms within 1 year after such claim or cause of action arises. The section headings in these Terms are for convenience only and have no legal or contractual effect.

You further agree that before a court or a lawyer is instructed to resolve a possible dispute, you will first contact xTasy for a settlement in the form of mediation by a mediator independent of both parties. Only if this is rejected by xTasy, you are entitled to take legal action.